Lady Bird Deeds in Alaska
Short answer: no. Alaska does not recognize lady bird deeds, and recording one may not do what you're hoping. Here is what works here instead.
Alaska does not recognize lady bird deeds
Alaska has no statute and no settled practice recognizing them, so what one would do here is uncertain, and title companies may not rely on it. Deedly does not prepare one for Alaska; the alternatives below are the reliable routes.
Why Alaska does not have them
Lady Bird deeds, enhanced life estate deeds, are recognized in 6 states: Florida, Michigan, Rhode Island, Texas, Vermont, and West Virginia. Maryland's courts also recognize a similar instrument, the life estate deed with powers. Missouri's courts also recognize a similar instrument, the life estate deed with powers. Virginia law also recognizes a similar instrument, the life estate deed with powers. Elsewhere there is no statute or settled practice for the combination of a life estate and an unrestricted power to sell, so how a court or title company would treat one is uncertain.
What Alaska property owners use instead
There are working alternatives in Alaska:
- Alaska transfer-on-death deed. Names who inherits the property, revocable at any time while you're alive.
- Alaska life estate deed. Keeps a life estate for you with the remainder to the people you name. Not revocable.
Other ways to avoid probate in Alaska
- A revocable living trust. The most flexible option. It costs more up front (typically $1,000–$3,000) but it covers everything you own, not just one property.
- Survivorship titling. In Alaska only a married couple can hold with automatic survivorship, as tenants by the entirety. It does not shield the home from one spouse's creditors: a creditor of either spouse can levy on and sell that spouse's interest, subject to the exemptions in Alaska Stat. ch. 09.38, such as the homestead exemption (Alaska Stat. § 09.38.100(a)).
- Small estate procedures. Alaska has simplified processes for smaller estates that can be far cheaper than full probate. The limits are set by state statute, and some do not reach real estate; the probate court clerk can tell you the current figures.
$49, one time. The probate-avoidance deed Alaska does recognize, with the state's witness rules, margins, and recording instructions already applied. You read the finished document before you pay.
Common questions
The Recorder's Office might accept and index the document, but recording is not the same as validity. With no statute or settled practice behind it in Alaska, there is no assurance a court or title company would give it the effect you intended. Use one of the alternatives above instead.
Florida, Michigan, Rhode Island, Texas, Vermont, and West Virginia. Maryland's courts also recognize a similar instrument, the life estate deed with powers. Missouri's courts also recognize a similar instrument, the life estate deed with powers. Virginia law also recognizes a similar instrument, the life estate deed with powers.
For a single property, a transfer-on-death deed is the cheapest. It costs one deed and one recording fee. A married couple can also hold title as tenants by the entirety, which passes the property to the survivor. For everything else, a revocable living trust is the standard route: more expensive up front, but it covers your whole estate and stays private. A probate attorney in Alaska can tell you which fits your situation in a single consultation.
Keep reading
- Alaska transfer-on-death deedNames who inherits the property, revocable at any time while you're alive.
- Alaska life estate deedKeeps a life estate for you with the remainder to the people you name. Not revocable.
- All Alaska deed optionsEverything this state does recognize, with requirements and costs.
Deedly is not a law firm
Its software and documents are not a substitute for the advice of an attorney. We provide self-help software and state-specific deed forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.